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Reasons
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(영문) 부산지방법원 2015.06.24 2014가합45952
부당이득금
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1. The Defendant shall pay to the Plaintiff KRW 130,951,091 and interest rate of KRW 20% per annum from June 31, 2014 to the day of full payment.

Reasons

1. Basic facts

A. 1) The Plaintiff is a ground-based building C in Kimhae-si (hereinafter “instant real estate”).

The introduction of D, the owner of the instant real estate, came to know E, and received the request from E to lend the bid bond and the remainder of the bid price to participate in the instant real estate. 2) The Plaintiff borrowed the bid bond and the remainder of the bid to E along with the Defendant.

1. Name B is referred to as “A” and “A” is referred to as “B.”

2. On April 30, 2010, Party A and Party B shall transfer in the name of Party A, under an agreement between Party B and Party B, as of June 15, 201, in order to secure a claim for a loan of auction balance to Party E.

3. Registration taxes, taxes and public charges, and expenses incurred by banks in leasing and selling a building after its acquisition shall be deducted;

4. To recover the principal invested by A from the remainder of the balance and to recover the principal invested by A:

5. The remaining amount shall be preferentially distributed to A in consultation with A.

3) Meanwhile, on March 31, 2010, E was awarded the instant real estate but failed to repay the borrowed amount to the Plaintiff and the Defendant. Accordingly, the Plaintiff and the Defendant agreed from E to receive the instant real estate under the name of the Defendant, and on February 6, 2012, upon which February 6, 2012, written investment agreement (Evidence 1; hereinafter “instant investment agreement”).

(B) The document prepared. B. On June 14, 201, the registration of ownership transfer of the instant real estate was completed under the name of the Defendant, and the Defendant opened a passbook in his own name and managed the lease deposit, etc. for the instant real estate.

1. B is referred to as “Defendant A” and A is referred to as “B”.

2. On April 30, 2010, Party A and Party B shall be named “A” under the agreement between Party A and Party B, as of June 15, 201, in order to secure a claim for a loan of auction balance to Party E.

3. A and B shall be borne by leasing and selling after the acquisition of the building.

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